For the purposes of this article only, the following words and phrases, when capitalized, shall have the meanings indicated.

Adjusted Income is defined as it is in 24 CFR 813.102, as amended, or as set forth in regulations adopted in accordance with Section 43-24.

Affordable means, in the case of an owner-occupied dwelling unit, requiring the expenditure by a Low-Income or Moderate-Income Household for mortgage and insurance payments, real estate taxes, and condominium fees of not more than thirty percent (30%) of its Adjusted Income to occupy the unit, and, in the case of a renter-occupied dwelling unit, requiring the expenditure by a Low-Income or Moderate—Income Household for rent payments of not more than thirty percent (30%) of its Adjusted Income to occupy the unit.

Annual Income is defined as it is in 24 CFR 813.106, as amended, or as set forth in regulations adopted in accordance with Section 43-24.

Best Efforts has the meaning ascribed in Section 43-19.1.

Chinatown or Chinatown District means the area depicted on a map entitled Map 1G Chinatown District of the series of maps entitled Zoning Districts - City of Boston as amended.

(As amended on July 31, 1997.)

Chinatown Community Plan means the plan of the same name, adopted by the Boston Redevelopment Authority on March 29, 1990.

Chinatown District Zoning Plan means the regulations imposed by this article.

Display Window Area means that portion of the Street Wall between

(i)

a height of two (2) feet above the ground floor and

(ii)

the height of the underside of the floor structure of the second floor, or fourteen (14) feet, whichever is less.

FAR means Floor Area Ratio, as defined in Floor area ratio of Section 2-1.

Ground Level Uses has the meaning ascribed in Section 43-19.3.

Low-Income Household means any household whose Annual Income does not exceed 50% of the Median Gross Income of households in the Boston Standard Metropolitan Statistical Area.

Map 1G means Map 1G Chinatown District (supplemental to Map 1 Boston Proper) of the series of maps entitled Zoning Districts - City of Boston, as amended.

Median Gross Income is defined as it is by the United States Department of Housing and Urban Development, pursuant to 24 CFR Section 813.102, as amended, or as set forth in regulations adopted in accordance with Section 43-16.

Moderate-Income Household means any household whose Annual Income does not exceed 80% of the Median Gross Income of households in the Boston Standard Metropolitan Statistical Area.

Neighborhood Business Establishments means a business firm with fixed offices or distribution points located within the boundaries of the Chinatown District and with a business address within such boundaries. A residential address may be used to establish status as a Neighborhood Business Establishment.

Peak Hours means the periods from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday.

Street Wall means the portion of the exterior wall (including recesses, bays, windows, doors, and other features) of a Proposed Project that fronts on a public street (excluding public alleys) and is below the Street Wall Height, determined pursuant to Section 43-20.

Street Wall Plane means the planar surface of the Street Wall (disregarding recesses, bays, windows, doors, etc.) required pursuant to Section 43-20.

Substantial Accord means, with respect to building height, that the vertical distance from grade to the top of the structure of the last occupied floor shall not exceed the specified height limit for the applicable district or subdistrict by more than the lesser of

(i)

ten (10) feet or

(ii)

two-thirds of the average floor-to-floor height of the building, excluding the ground floor. "Substantial Accord" shall not be interpreted as allowing a Proposed Project to exceed the maximum permitted FAR.

Underlying Zoning means all zoning regulations, with the exception of this article, which are contained in this code

(Text Amd. No. 463, § 24, 8-16-2023)

The following uses are regulated pursuant to Section 43-19.

Adult Entertainment Uses. As set forth in Use Item No. 34A and No. 38A of Table B of Section 8-3 (Use Regulations), adult entertainment uses shall be allowed only within the Adult Entertainment District, established pursuant to Section 3-1A by Map Amendment No. 130.

Child Care Uses. Child care facility; child care center; accessory family child care home.

Community Retail Uses. Store primarily serving the retail business needs of the Chinatown Community, including, but not limited to, store retailing one or more of the following: food, baked goods, groceries, packaged alcoholic beverages, prescription drugs, health and beauty products, tobacco products, clothing, drygoods, books, flowers, paint, hardware and minor household appliances.

Community Uses. A facility which provides educational, recreational, advocacy, informational, consulting, or support services on a non-profit basis to the community, in areas such as housing, employment, job training, law, health care, and senior care.

Cultural Uses. Art galleries (both commercial and non-profit); music, dancing, visual arts, performance or theatrical studios.

Educational Uses. Nursery school; kindergarten; or elementary or secondary school; trade, professional, or other school; adult education facility.

Entertainment Uses. Auditorium; theater, including a motion picture theater but not a drive-in theater; concert hall; dance hall; bowling alley; skating rink; pool room; billiard parlor; or any commercial establishment maintaining and operating any amusement game machine, other than as an accessory use.

General Retail Uses. Department store; furniture store; pawnshops; general merchandise mart; or other store serving the general retail business needs of a major part of the city, including accessory storage.

(As amended on February 16, 2001.)

Group Care Residence, General. General group care residence, as defined by Section 2-1(22A).

Group Residence, Limited. Limited group care residence, as defined by Group residence, limited of Section 2-1.

(As amended on February 22, 1991.)

Institutional Uses. College or university granting degrees by authority of the Commonwealth of Massachusetts; hospital or sanatorium; clinic or professional offices accessory to a hospital or sanatorium whether or not on the same lot; clinic not accessory to a main use; scientific research and teaching laboratory; and the creation, assembly, production, and sale of prototypes (including equipment, apparatus, machines, and other devices for research and development), pharmaceuticals, and other products of an Institutional Use, including research and development in the medical, dental, veterinary, and biotechnology fields, whether non-profit or for-profit, or a combination thereof.

(As amended on March 6, 1995 and September 20, 1996.)

Light Manufacturing Uses. The design, development, manufacture, compounding, packaging, processing, fabrication, altering, assembly, repairing, servicing, renting, testing, handling, or transfer of products including electronic and communication products, metal and wood products, office equipment or machinery, pharmaceutical products, or textile products.

Office Uses. Office of professional persons; real estate, insurance, or other agency or government office; post office; bank (other than drive-in bank or similar establishment); offices of cultural groups; or display or sales space of a wholesale, jobbing, or distributing house.

(As amended on September 20, 1996.)

Open Space Uses. Open space in public ownership dedicated to or appropriated for active or passive recreational use or to the conservation of natural resources; or open space in private ownership for active or passive recreational use or for the conservation of natural resources; open space recreational building; or private grounds for games and sports not conducted for profit.

Private Club Uses. Private club operated for members only; quarters of fraternal organizations.

Public Service Uses. Public service pumping station; public service sub-station; automatic telephone exchange, telecommunications data distribution center; fire station; police station; or outdoor payphone; provided that the requirements of St. 1956, c.665 s.2, where apt, are met.

(As Amended on October 20, 2000; March 15, 2006.)

Religious Uses. Place of worship; monastery; convent; or parish house.

Residential Conversion. Any dwelling converted for more families, provided that, after conversion, any nonconformity as to floor area ratio is no greater than prior to conversion.

Residential Uses. Detached dwelling occupied by not more than two families; semi-detached dwelling occupied by not more than two families on each side of a party wall; attached or row house occupied by not more than two families in each structure between fire walls; multi-family dwellings; any dwelling converted for more families, where structures after conversion will conform to the code; lodging or boarding house; apartment hotel; artists' mixed-use; convalescent, nursing or rest home; orphanage.

Residential uses include any Affordable dwelling units, including but not limited to Affordable dwelling units which are rental units, condominiums, or limited equity share cooperatives.

Restaurant Uses. Lunchroom, restaurant, cafeteria or other place for the service or sale of food or drink for on-premises consumption, and the sale over the counter, wholly incidental to such restaurant use, of food or dishes prepared on premises for on-or off-premises consumption, ready for take out.

Service Uses. Barber shop; beauty shop; shoe repair shop; self-service laundry; pick-up and delivery station of laundry or dry cleaner; tailor shop; hand laundry; dry cleaning shop; check cashing business; body art establishment; or similar use.

(As amended on October 6, 1994, and April 9, 2001)

Special Service Uses. Funeral home; undertaker's establishment; mortuary; animal hospital or clinic; kennel; pound; and poultry shop.

Take-Out Restaurant Uses. Sale over the counter, not wholly incidental to a local retail business or restaurant use, of on-premises prepared food or drink for on- off-premises consumption, if, as so sold, such food or drink is ready for take-out.

Theater Conversion. Change of use or occupancy of a Theater.

Trade Uses. A retail use which provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service, such as a caterer's establishment; food processing establishment; printing shop; taxidermist's shop; upholster's shop; carpenter's shop; electrician's shop; crafts' shop; jeweler's shop; novelty products shop; art metal craft shop; art needle work shop; sewing shop; dressmaking shop; fabric or yarn shop; gift shop; clock or watch shop, or repair shop; antique store; appliance repair shop; wallpaper shop; musical instruments repair shop; shoe repair shop; radio and television repair shop; or plumber's shop; or similar use.

Transportation Uses. Bus terminal; bus station; railroad passenger station; motor freight terminal; yard for storing or servicing trucks or buses; rail freight terminal; or storage yard accessory to railroad operation, except such transportation uses are conditional in the Chinatown Gateway Special Study Area.

Vehicular Uses. Repair garage; gasoline service station; car wash; sale of automobiles and trucks where operation is carried on within a structure; outdoor sale or display for sale of new or used motor vehicles; automobile rental agency; or establishment for sale and installation within a building of batteries, seat covers, tires, and similar automotive parts and accessories, except such vehicular uses are conditional in the Chinatown Gateway Special Study Area.

Wholesale Uses. Wholesale business, including accessory storage (other than of flammable liquids, gases and explosives) in roofed structures, except such uses are allowed in the Chinatown Gateway Special Study Area.

Ancillary Uses. Any use on a lot adjacent to, or across the street from, but in the same district as, a lawful use to which it is ancillary and for which it would be a lawful accessory use if it were on the same lot; provided that, any such use shall be subject to the same restrictions, conditions, limitations, provisos, and safeguards as the use to which it is ancillary.

(Text Amd. No. 464, §§ 3d., 5a., 11-8-2023; Text Amd. No. 471, § 14d., 4-3-2024)

Appendix D to Article 43 consists of the following tables:

1.

TABLE E - Uses Regulated by Floor

2.

TABLE F - Uses Not Regulated by Floor

See also Section 43-19.4, General Use Restrictions.

(As amended on March 6, 1995)

As amended on March 6, 1995.

Key: "A" Allowed; "C" Conditional; "F" Forbidden.

* Total gross floor area not more than 4,000 square feet per use.

** Total gross floor area exceeding 4,000 square feet per use.

*** Schools with no more than 40 students.

+ Schools with more than 40 students

(1)

Except C for check cashing business

(As inserted on October 6, 1994 and amended oh July 31, 1997.)

(2)

Except A in that portion of the Residential Chinatown subdistrict bounded on the east by Tyler Street, on the south by property of Tufts University known as the Posner building, on the west by the Health Sciences subdistrict, and on the north by the property numbered 85 Tyler Street.

(As inserted on March 6, 1995.)

(3)

Cannabis Establishment. Provided that any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. (Text Amd. No. 432, § 3f., 4-13-2018)

(As amended on March 6, 1995)

(As amended on March 6, 1995; Text Amd. No. 464, § 5a., 11-8-2023.)

Key: "A" Allowed; "C" Conditional; "F" Forbidden.

* Total gross floor area not more than 4,000 square feet per use.

** Total gross floor area exceeding 4,000 square feet per use.

++ Adult Entertainment Uses shall be allowed only within the Adult Entertainment District, established pursuant to Section 3-1A by Map Amendment No. 130

+++ A Proposed Project which include on e or more Institutional Uses is subject to the provisions of Section 43-18

(1)

Except C for clinic not accessory to a main use.

(As amended on September 20, 1996)

(2)

Cannabis Establishment-provided that any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. (Text Amd. No. 432, § 3f., 4-13-2018)

(Text Amd. No. 464, § 3e., 11-8-2023)